OKC onstage Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

 

OKC onstage Terms of Use apply to all users of the site.  The term “user” is defined as any person(s) viewing or utilizing content within the confines of www.okconstage.com or any subsequent pages.  Also included in this agreement is the term “client” which is defined as any performing arts organization registered and subscribed to our services.

 

These Terms of Use apply to your access to, and use of, all or part of any website of OKC onstage or its subsidiaries and affiliated companies (collectively, “ALL-IN PRODUCTIONS, LLC”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with OKC onstage for products, services, or otherwise.  This agreement contains disclaimers and other provisions that limit our liability to you.

 

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

 

OKC onstage reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. If we make material changes to these Terms of Use, we will inform you by posting a notice on the Site(s). Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

 

ELIGIBILITY, REGISTRATION, AND ACCOUNT

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

 

SITE DISCLAIMER

OKC onstage is not liable for misinformation provided by our clients or affiliates. To the best of our abilities, we remain current and provide accurate and relevant information to all our users. The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. OKC onstage is not liable for any user response, either positive or negative, to linked webpages from our clients or affiliates.

 

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the OKC onstage logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of OKC onstage or its licensors or users and are protected by U.S. and international copyright laws.

 

You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal and informational purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of OKC onstage, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If OKC onstage receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

 

In accordance with the DMCA and other applicable law, OKC onstage has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. OKC onstage may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

LINKS TO SITES

You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray OKC onstage in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use OKC onstage’s logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any OKC onstage logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, copyright or proprietary right of OKC onstage or any third party. OKC onstage makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of OKC onstage and OKC onstage is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

 

THIRD PARTY CONTENT, PRODUCTS AND SERVICES

(INCLUDING ADVERTISING AND PROMOTIONS)

OKC onstage may provide third party content on the Sites (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by OKC onstage of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that OKC onstage is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.

 

LIMITATION ON LIABILITY

To the maximum extent permitted by applicable law, OKC onstage and its directors, employees, or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from OKC onstage, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to OKC onstage’s records, programs or services. In no event shall the aggregate liability of OKC onstage, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites, exceed any compensation you pay, if any, to OKC onstage for access to or use of the Sites. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless OKC onstage, its independent contractors, service providers and consultants, and their respective directors, employees, agents, parents, subsidiaries, and other affiliates, from and against any claims, suits, damages, costs, liabilities, penalties, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of any third party; or (e) your conduct in connection with the Sites. OKC onstage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

 

MODIFICATIONS TO THE SITES

OKC onstage reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that OKC onstage will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

 

TERMINATION

Notwithstanding any of these Terms of Use, OKC onstage reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. OKC onstage failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

 

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.